text:
Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
Et tu, Garrett
Saturday, January 29, 2011
Et tu, Garrett
Sandy Levinson
Garrett Epps, whom I very much like personally and whose work I greatly admire, has an article in the current Nation justifiably attacking some Tea Partiers (think of Michelle Bachman) for their wacky, and often pernicious, views of the Constitution. The subtite of his piece (I assume the product of Nation headline writers) is "Inside the right's cammpaign to hijack our country's founding text--and how to fight back." So, given that I agree with a great deal of the piece, including, for example, his takedown of Antonin Scalia for basic dishonesty in the way he actually operationalizes his vaunted commitment to "originalism" and a "dead Constitution" (Scalia's term, not his critics'), why am I left so dismayed after reading the piece?
"I agree strongly with Epps that the actual number of rights specified for states is astonishingly few,"
Well, aside from that pesky 10th amendment, which basically gives the states jurisdiction over EVERYTHING the constitution doesn't hand to the federal government. That's a pretty big grant, if you don't elide most of the language of the interstate commerce clause, and 'interpret' "necessary and proper" as "convenient".
With regard to the "takedown" of Justice Scalia on originalism that Sandy notes in his first paragraph,
so do Harold Anthony Lloyd in his "'Original' Means Old, 'Original' Means New: An 'Original' Look At What 'Originalists' Do" available at SSRN:
and Larry Rosenthal in his "Originalism In Practice" also available at SSRN:
(each of whom also throws in Justice Thomas for good measure). Direct links are available at Larry Solum's Legal Theory Blog.
Brett plays the role of a rather simplistic originalist bomb-tosser with his reference to "that pesky 10th amendment." What does originalism tell us of the 10th amendment? And does the ninth amendment also, via "We the People," add to powers of states? Just what are the rights specified for states in the tenth amendment? Brett should put a constitutional band-aid on his Wick-burn, as necessary and proper for his healing, especially if he reads - and understands - Profs. Lloyd and Rosenthal's articles.
Epps is, I imagine, trying to develop a conception of the Constitution which, if accepted, would justify the political outcomes that he holds dear. To the extent that you are attacking his conception on the grounds that it is factually false (or at least highly selective), this is not necessarily germane to his project. OTOH, if you are arguing that his conception, even if accepted, will not in fact achieve as much as you (and he) would like, he might respond that your position will achieve nothing at all because there is no evidence of any political inclination to take radical steps such as abolishing the Senate.
More importantly, a few weeks ago you were arguing that the issue of filibuster reform was a defining one for the Obama administration and the Senate leadership. Since that has apparently been resolved, what are your views on how they did?
Brett, the 10th A says not a single word about "rights" of states. It only uses the word "powers".
That's putting aside the fact that it's an irrelevance anyway; all it does is gild the lily.
Oh, I agree, states' "rights" is a sloppy way of referring to states' powers. But the 10th amendment is only irrelevant if you've decided the Constitution, of which it is a legally ratified part, is irrelevant.
Which an awful lot of liberals have so decided, though prudence dictates that they not say so.
Who says the Constitution is irrelevant? That the tenth amendment is irrelevant? What is relevant is how the Constitution, as amended, is to be interpreted/construed in the here and now. When the Constitution, or any of its amendments, is not clear in its meaning, originalism too often, as Prof. Rosenthal in particular points out, fails to provide the answer. But perhaps there are gaps that even non-originalism cannot provide answers to. Perhaps this is the gist of Sandy's concerns with Epps. If the Constitution needs fixing, how to fix it is a problem of great magnitude in the current political climate.
The Originalism Blog provides a link to a recent Ohio State Law Journal Symposium on "Originalism and the Jury." Query as to incorporation of the Seventh Amendment to apply to the States? (I'll be thinking of McDonald v. Chicago as I read the papers - and $20.00 measured today as compared to 1791 and 1868.)
Shag, when the Constitution was ratified, the word "dollar" was understood to refer to a particularly widely circulated and imitated Spanish coin of consistent weight. The US dollar was adopted as a coin of identical weight, interchangeable with it. Hamilton actually weighed a bunch of them, and averaged the weight, when our currency was designed.
So, from an originalist standpoint, how to interpret the $20 thing is easy: The current value of the silver in 20 historical Spanish "dollars". That would, by my calculations, be about $485 or our highly inflated fiat currency, as of today.
When is the measurement point of $20.00 under originalism relative to the 14th Amendment, assuming incorporation of the 7th Amendment to apply to the states, 1868 or 1791?
And should eligible ages for elective offices be modified to reflect changes in mortality tables since 1789?
By the Bybee (&$^%@#), Hamilton probably had a thumb on the scale.
Possibly he did; He came up with an average weight of 27 grams, while historians seem to think that it was more like 25. But maybe he simply made a point of using unworn "dollars"; The coins were of fairly high purity, and thus wore away easily.
In any event, the word "dollar" doesn't appear anywhere in the 14th amendment that I can see, so I can't figure out how any originalist would think ratification of the 14th amendment reset the clock on it's meaning.
Brett, everyone at the time thought the 10th A was superfluous. That's why the Federalists were willing to pass it. All it did was codify the inclusio unius rule of construction which was widely admitted during the ratification debates.
And when you consider the language of the 10th A itself, it's obvious that it can't possibly mean anything. It refers only to "powers not delegated". That means the whole ballgame consists in interpreting the powers which were delegated under Art. I, Sec. 8. If the power was delegated, the 10th A is inapplicable on its own terms. If the power wasn't delegated, Congress would lack power even if the 10th A had never been adopted.
The word "arms" from the Second Amendment - does it appear in the 14th Amendment? Wasn't there a sort of "reset" in the context of the framing/ratification of the 14th Amendment considered in McDonald v. Chicago?
What in particular do you admire about Mr. Epps' writing style?
Epps starts off his rant against "the toxic coalition of Fox News talking heads, radio hosts, angry "patriot" groups and power-hungry right-wing politicians" by creating a lunatic strawman in the person of one Lester Pearce, of whom nearly no conservative or Tea Party member has ever heard. Our Tea Party group discusses the Constitution as it is written without feeling the need to engage in wild forays into Mosaic law.
Then there is the paragraph which ridicules Congress for reading the Constitution as it exists rather than some prior version and for suggesting that prior Congresses have acted in excess of their Article I powers by requiring that future legislation cite Congress' Art. I authority, with a bizarre Monty Python-esque side journey to the shooting of Congresswoman Gifford. Does any serious person disagree that the Constitution as amended is the law of the land and that past Congresses have often enacted unconstitutional legislation?
Then there are these gems:
So the right is seeking to win by changing the rules. Progressive, democratically enacted policy choices are unconstitutional, they argue.
Any democratically enacted policy choice is unconstitutional if it exceeds Congress' Article I powers to do so. A very reasonable argument can be made that progressive policies have a far greater track record of exceeding those enumerated powers than most, thus the progressive judicial rewrite of the Commerce and N&P clauses past anything justified by the text in order to find progressive policies constitutional.
A document that over time has become more democratic and egalitarian is being rewritten as a charter of privilege and inequality.
Presumably, Mr. Epps is arguing here that enforcing the Constitution as written will make it less democratic and egalitarian because such an approach would outlaw much of the progressive project. Mr. Epps must be referring to big "D" Democratic Party because taking the power to legislate from an unelected bureaucracy and it to the Congress would hardly make the government less small "d" democratic.
I stopped reading after this next classic paragraph:
Conservatives also claim that the Constitution was set up to restrain the federal government. If so, there's precious little evidence of it. The actual text of the Constitution is overwhelmingly concerned with making sure the new government had enough power; the framers thought the old Articles of Confederation were fatally weak.
Even a middle school child attending civic class at a government school knows about the checks and balances, even if their teach likely skipped over the enumerated powers language at the beginning of Article I and do not share Brett's temerity of quoting the unambiguous language of the Tenth Amendment.
The argument that the Founders desired a nearly unrestrained federal government simply because they recognized that the federal government under the Articles of Confederation was fatally hobbled is the weakest of non sequiturs. Our Constitution as it is written arguably shackles our national government more than any other constitution in effect around the world.
Those few minor quibbles aside, I am sure that a book with the sober and reflective title "Unhinged: Reclaiming Our Constitution From the Lunatic Right" is sure to sell well among the readers of The Nation and those of like mind.
Our yodeler says a lot but does not read a lot. Consider his:
"I stopped reading after this next classic paragraph: ...."
I printed out the Epps article of just over 6 pages in length. The paragraph our yodeler quotes appears just shy of the middle of page 3, thus ignoring over 50% of the article. Apparently our yodeler got "Unhinged."
By the Bybee (%*^&#$@), our yodeler's reference to:
" ... the unambiguous language of the Tenth Amendment."
reveals his long suffering constitutional diarrhea.
By the Bybee (%&^#$*@) II, the recent Senate Tea Party caucus of three Senators meant that only one tea bag had to be spent - no need for lemon, thank you.
"Brett, everyone at the time thought the 10th A was superfluous."
No, that it was redundant. Redundant, in the sense that, once you've written something, bolding the text is redundant. Underlining the bolded text is redundant. And following the text with another passage saying, "And I really meant it!" is redundant.
Subsequent history has shown, of course, that if a text is read by somebody determined to misunderstand it, saying something twice won't really stop them. Just like a belt AND suspenders won't keep your pants from falling down, if you're deliberately taking them off.
Bu, superfluous? Not on your life.
Brett makes mountains out of molehills with his challenge of Mark's use of "superfluous." My nearby Webster's New World Dictionary #1 definition of "superfluous" reads: "being more than is needed, useful, or wanted; surplus; excessive." And its #1 definition of Brett's preferred "redundant" reads: "more than enough; overabundant; excess; superfluous." Granted, my rusty, trusty Webster's does not take us back to the old original Webster's of 1791 that originalists might wish to consult. I shall leave that to those who think the language of the 10th Amendment is "unambiguous," which my Webster's does not define but does provide its #1 definition for "ambiguous" as follows: "having two or more possible meanings."
By the Bybee (#*^&%@$), Brett might provide a cite for this claim:
"Subsequent history has shown, of course, that if a text is read by somebody determined to misunderstand it, saying something twice won't really stop them. "
like the majority in Heller and McDonald v. Chicago? Or is Brett figuratively "mooning" with his subsequent reference to belt, suspenders and pants falling down?
Actually, the Tenth Amendment is the third statement that the federal government is limited to its enumerated powers. Article I states this at the beginning and again in the N&P clause.
"The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added."
Sometimes, this "whereas" type language is included in publications of the BOR and I find it informative. The fact that certain things were included in the BOR over others (Madison would have also included other "declaratory" type clauses) is of some note. The 10A was included because the basic principle was deemed important to express in red ink, so to speak.
It is on that level not a trivial inclusion and as with other amendments, its power and symbolic weight grew beyond its explicit words to its assumed "penumbras and emanations."
I'd add that I share Mark Field's distaste for using "right" with "states" but the term was so applied over the years, including by various people of the Founding Generation. For good or ill.
Joe, I think your point has force with respect to those who were doubtful about the new Constitution. But the Federalists -- and they controlled Congress and many of the state legislatures -- didn't think the 10th A was important at all. In fact, it was precisely because it was unimportant that they were willing to provide the votes to pass it.
Professor Levinson -
Thank you for yet another thoughtful post. I was particularly intrigued by your brief discussion of what you term the "Constitution of Settlement." In the Balkinization symposium on Bruce Ackerman's recent book, Stephen Griffin referred directly, and you more obliquely, to the optimistic "Yale tradition" of constitutional theory. It's interesting that you share such an awareness for the power of numbers and dates - the seemingly more banal aspects of the constitutional text - with Akhil Amar, a prominent advocate of that tradition and someone who seems to revere the Constitution in a way you do not. As I'm sure you know, Amar has written and said that the ability to insert all the numbers in the Constitution would be more influential than all the rights and vague clauses guaranteeing them. I always enjoy finding connections across the work of scholars who disagree on many levels.
As always, I appreciate your contributions to the important discourse on this blog.
Mark, I agree the Federalists didn't think they were giving up anything there, but the same might have been said about the BOR as a whole.
Madison included it because he knew others were concerned about the matter, warranting this specific "unimportant" declaratory statement. If it was totally superfluous, there would be no need to put it there in the first place.
And, once there, over time, it was likely to gain power in ways Federalists might not have supported, including providing a gloss to reaffirm the "spirit" the document that goes beyond the words. This is the current "10A."
Anyway, "everyone" wouldn't be "Federalists," so that seems an edit of an earlier comment.
If it was totally superfluous, there would be no need to put it there in the first place.
Which was the Federalist position.
And, once there, over time, it was likely to gain power in ways Federalists might not have supported, including providing a gloss to reaffirm the "spirit" the document that goes beyond the words. This is the current "10A."
Anyway, "everyone" wouldn't be "Federalists," so that seems an edit of an earlier comment.
Fair enough on both counts.
On a related note concerning Congress exceeding its enumerated powers....
Ruling on a lawsuit by two dozen states, the Federal District Court for Northern Florida ruled today that Obamacare is unconstitutional in its entirety.
Round One goes to the Constitution.
Next stop, 11th Circuit Court of Appeals.
Looks like Justice was just hung on its own petard.
By repeatedly insisting that Obamacare cannot function without an individual mandate, Justice went "all in" by hoping the court would shy away from striking down the unpopular individual mandate to avoid taking down the rest of the law with it
Well, Justice blundered into a judge willing to take its dare.
Apparently the Kaopectate will not work with our yodeler, so it looks like pharmacy quality plaster of paris is called for.
Shag, past experience suggests this question is probably futile, but I feel compelled to ask it anyway: Do you have any actual arguments to deploy here?
Brett, it's been well over 24 hours since my last comment of 7:38 AM yesterday aimed at you and this is your response? I have no argument with Mr. Epps, which does not mean that I agree with all he says. But I am in agreement with him in general. I appreciate Sandy's parsing of Epps' article, agreeing with him in some aspects but not all. You introduced at the very beginning the "pesky 10th amendment" which got some play here, including from me. I raised some points at my 7:38 AM comment addressed to you and I futilely await a response. In the meantime, our yodeler has continued with his constitutional diarrhea and I have been offering prescriptive measures to alleviate his condition, since Sandy's post is not aimed at the ACA (or the 10th amendment for that matter). (The reference to "pharmacy quality plaster of paris" goes back to a bout of diarrhea I had as a pre-teen with medication prescribed in the form of a white powder mixed with water that had an awful smell and taste. A few years later, I was working to fill my hollow plastic chess set with plaster of paris to give the pieces heft and as I mixed water with the plaster of paris I noted the similarity of the aroma with the white powder of a few years earlier.)
By the Bybee (*^&%$@#), what are your actual arguments deployed here other than revealing your long suffering with Wick-burn?
Now I've got to keep my eye on another snow storm hitting this region to shovel that may keep me from shoveling (less purely, of course) at this Blog. But seriously, Brett, it's nice to be asked.
Iconfess to being mystified by the sentence that "I have no argument with Mr. Epps, which does not mean that I agree with all he says." Clause two suggests that one does indeed have atleast some argument with Epps, which obviously contradicts clause one. My (apparently futile) aim was to stimulate a serious discussion of a serious (and seriously flawed) article.
Sandy, your quote from my comment was followed by these words of mine: "But I am in agreement with him [Epps] in general. I appreciate Sandy's parsing of Epps' article, agreeing with him in some aspects but not all." I agree with you that Epps' article is serious; but I disagree with you that it is "seriously flawed." If I argued about everything I disagreed with, that wouldn't leave time for more reading and writing and whatever else I do (besides shoveling snow). Perhaps Epps' adaptation of this essay from his work in progress left out some steps (or footnotes) for reasons of space limitations that might have been more edifying. That's a problem that many writers have with condensing their thoughts. So I would give Epps a little slack, just as I give you and other posters at this Blog and other blogs a little slack - as long as you're going in the proper direction.
While Sandy agrees with Epps "takedown" of Justice Scalia, he failed to note (with an update?) Epps' prescience with this:
"Federal District Judge Roger Vinson of Florida, who is hearing a challenge to the new healthcare program, recently cast doubt on its constitutionality in an opinion that cited, among other things, a a Wall Street Journal op-ed as its 'authority.'"
Epps' article (as well as Sandy's post) was published prior to Vinson's decision declaring the ACA unconstitutional in its entirety. Jack Balkin and other posters on this Blog have challenged Vinson's decision with vigor (although they do not provide for comments).
Later on, Epps takes on originalists. Epps doesn't seem to believe that the Constitution is lost or that Lochner should be revived. Maybe in his book he will address undemocratic portions of the Constitution in the manner of Sandy (and others before Sandy). For the here and now, we've got a Constitution to deal with and Epps is challenging efforts of the right to highjack it, perhaps tacking a bit here and there to Sandy's dismay, but going in the proper [I'm deliberately avoiding "right"] direction.
Shag, I've scarcely been quiet about my opinion that neither side in the recent 2nd amendment rulings were particularly originalist in their reasoning. (Even as both took care to adopt a patina of originalism, given the high public salience of the cases it was necessary to preserve the Court's legitimacy.) Did I really have to go over that yet again?
Brett, I'm quite familiar with your simplistic originalism and your views on Heller and McDonald v. Chicago failures to see originalism through your wrong end of the telescope. But you made a claim noted in my 7:38 AM comment about what "subsequent history" has shown and I asked for a cite (suggesting Heller and McDonald). "Subsequent history" is a tad too general and perhaps even oxymoronic for purposes of your claim. Your simplistic originalism just doesn't cut it constitutionally. Perhaps you are in step with Justice Thomas, but as both Profs. Lloyd and Rosenthal point out in their article, Thomas is not always an originalist. (I trust you read these articles. Here's another recent article I'll be reading while snowbound today: Dale E. Ho's "Dodging a Bullet: McDonald v. City of Chicago and the Limits of Progressive Originalism" available at SSRN:
A link is available at The Originalism Blog.)
By the Bybee ($^*%&#@), Brett, did you consult a Webster's of 1791 for definitions of "superfluous" and "redundant"?
I have now read Epps' article and find my original surmise confirmed. This is a blatantly political piece-- what else would you call something that ends by exhorting "ordinary Americans" to "take back" the Constitution from "far right ideologues" like Justice Scalia? Epps uses the views of a few fringe figures to stereotype and discredit everyone who disagrees with Epps' approach to constitutional interpretation. Interestingly, this is the same technique used by "demagogue" Glenn Beck, although even Beck might not go so far as to find relevant the racial makeup of the town where some obscure organization is headquartered.
I am not sure why Professor Levinson feels the need to treat this article as if it were an intellectually serious discussion of anything. Of course, he has also started to respond to Shag's comments, which suggests the need for a vacation.
By the Bybee (by gosh, that does become funnier when it is repeated for the millionth time!), Judge Vinson's opinion seems to have unhinged most of the commentariat at Balkinization. So far they have accused him of everything but establishing death panels, and I wouldn't be surprised to see that next.
Surprise, surprise! mls commented at 9:41 AM (3rd thread comment) on Sandy's post on Epps' article without having read the latter. Now that he has read Epps' article, he pats himself on the back with his "original surmise confirmed." (Go back and read his earlier comment and attempt to identify his surmise.) mls' attempt to connect Epps with Glenn Beck's methods is shallow, revealing mls' not very subtle political bent.
By the Bybee (&*%^#$@), I trust mls will enjoy the vacation he obviously needs.
mls' closing paragraph suggests he hasn't read with care the commentariat of Jack Balkin et al on Judge Vinson's decision. Perhaps mls has been too busy salivating over Vinson's tea party reference in his decision.
And as to originalism, perhaps mls walks in lockstep with Brett's simplistic version. In any event, mls is tagged now for shooting first and reading later.
Vinson's opinion threatens the progressive assumption that the courts had interpreted away any semblance of a Congress of enumerated powers, allowing Congress to enact anything that did not infringe a favored individual right.
Vinson's opinion is really quite limited and makes two points:
1) Congress may not use the CC to compel people to buy goods and services.
2) As a matter of appellate strategy, it is unwise to play chicken with the courts by repeatedly insisting that the weakest part of your legislation is vital to function of the whole and intentionally leave out a severance provision.
It would be karmic justice if the overriding arrogance of a government that ignored the will of the voters in enacting Obamacare was also the basis for striking down the entire provision.
Shag- you can identify my surmise by reading the sentence with the words "I imagine" in it.
As for your other comments, that's what I get for heckling Don Rickles. . .
This, then, is mls' surmise:
"Epps is, I imagine, trying to develop a conception of the Constitution which, if accepted, would justify the political outcomes that he holds dear."
That of course is mls' imagination, in the form of a surmise (mls' chosen word) or just a guess. (Maybe mls was inspired by the Beatles' "Imagine.") Well, in his own imagination mls made a lucky guess. How prescient.
Perhaps mls has a conception of the Constitution that is purely apolitical. Of course, that would be a rarity in this political age, especially with SCOTUS 5-4s galore (Bush v. Gore, Citizens United, since the turn of the 21st century). But maybe mls will reveal to us his conception (perhaps by walking in lockstep with Brett?). While the word politics is not specified in the Constitution (or judicial review or supremacy), clearly politics emerged fairly soon including via Justice Marshall post Jefferson's defeat of Adams in interpreting and construing the Constitution. Politics cannot be ignored when it comes to the Constitution. Maybe mls has no political outcomes that he holds dear, the sign of a truly self-made libertarian.
By the Bybee (*%&^$#@), have you heard of George Carlin?
Any comment on the Obama Administration's decision to ignore the Vinson decision and plans to continue to implement the law found unconstitutional?
If Sandy responds to our yodeler's request, I trust that Sandy will also comment on "karmic justice" earlier referenced by our yodeler on this same topic. Of course, I am aware that the Constitution makes no reference to "karmic justice." Does it involve being forced to eat broccoli?
Bush 43 appointed Judge Vinson to the bench. Bush 43's father, Bush 41, has hated broccoli all his life. Bush 43's invasion of Iraq in 2003, it is said, was attributed in part to Saddam's order for the assassination of Bush 41 because of his earlier invasion of Iraq. "Six degrees of Kevin Bacon" comes to mind. Something is not Kosher. [Recycled comment from another blog.]
I am not suggesting that Sandy stalk Epps but before Sandy responds to our yodeler's request, he might first wish to read Epps' 2/2/11 article "The Vinson Ruling and the Strange Nature of American Judicial Review." (Epps points out that Article III of the Constitution does not specifically provide for judicial review - or judicial supremacy, for that matter.)
I have been searching, unsuccessfully so far, for Epps responses to Sandy's critique. (A little help, please.) In the course of this search, I accessed Epps' Jan/Feb 2009 The Atlantic article "The Founders' Great Mistake" dealing with the imperial presidency as extended by George W. Bush, with some thoughts for amending Article II of the Constitution. Perhaps Epps and Sandy have more in common than not. Of course, the challenge is with amendment. Consider how tumultuous a Constitutional Convention would be in the current political climate (that is well beyond warming, with the tea pot spouting steam).
I'm a big fan of Epps' Atlantic article on the Framers' mistakes. What I was criticizing in his Nation piece was the absence of that kind of critical edge in favor of assurances that liberals "love" the Constitution as much as the Tea Party does. As I wrote, I think is important that "we" get over that infatuation.
Today's NYT editorial "Politics and the Court" that focuses upon recent Justices Scalia and Thomas doings includes this:
"Constitutional law is political. It results from choices about concerns of government that political philosophers ponder, like liberty and property. When the court deals with major issues of social policy, the law it shapes is the most inescapably political."
It's a shame we don't have a Finley Peter Dunne and his Mr. Dooley around to constantly remind us of this but with wit and charm. What might Mr. Dooley have said about the back and forths on the constitutionality of the Affordable Care Act, aka Obamacare? And what might Mr. Dooley have said about the "Tea Totaling Party"?
Back in the fall of 1952, I asked my ConLaw Prof. Thomas Reed Powell how he thought the Supreme Court might rule on a particular issue (it had to do with baseball) working its way through the courts. He responded: "I don't know. I stopped years ago trying to figure out what those bozos will do." And he knew well personally and professionally several of those then serving.
Wikipedia has a nice feature on Dunne that includes some of his and Mr. Dooley's memorable quotes to help put the present in perspective.
The NYT editorial referred to in my preceding comment does not identify Justice Thomas' wife by name in making reference to his " ... not disclosing his wife's income from conservative groups ... " over a period of six years. Perhaps this editorial was written prior to disclosures yesterday at several websites that identify his wife's availability, through her firm, as a lobbyist for certain Republican causes, although she or her firm may not be "registered" as such. Mr. Dooley in that no Tea Totaling bar in "heaven" might be discussing (with his friend Mark Twain) how potential political "pilla" talk may impact judicial views.
It is "political" down to the justices being appointed by political actors. The range of cases where this is a deciding factor is sometimes exaggerated. As is how.Post a Comment
Thus, in Gonzalez v. Raich, many justices on both sides supported a policy that they very well might have voted differently if given their druthers. Scalia never said abortion is itself unconstitutional.
Lawyers Drugs and Money Blog had a good post (with a reference to an article by Mark Graber) on this subject yesterday or the day before.
Books by Balkinization Bloggers
Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023)
Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin's Press, 2022)
Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022)
Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022)
Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).
Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021).
Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020)
Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020)
Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020)
Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).
Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020)
Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020)
Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020)
Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019)
Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018)
Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018)
Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018)
Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013)
Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005)
Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004)
Balkin.com homepage
Cultural Software
The Information Society Project
Useful Links
Syllabi and Exams


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About Brenda
Brenda J. Hoffman channeled and published A Glimpse of Your Future in the late 1980's. In the interim, she, like most of you reading these materials, moved through issues that were pertinent to her spiritual and emotional path. That process shifted her thought patterns from work to playShe has returned to published channeling following a seemingly circuitous route that included work in corporate marketing, business management, and social services. Brenda, born in March, 1950, grew up in northern North Dakota, but spent the majority of her working years in Minneapolis, MN. She obtained her Master of Science degree in sociology from Mankato State University and her undergraduate degrees from North Dakota State University. Brenda and her husband, Dave, are retired and live in South Carolina.
Brenda is ready to play with her spirituality and creativity and hopes that you will are ready to play also.
101 Comments Add your own
Your articles about the baby boomers really hit home. I just read the ones titled "this is a strange day indeed" and "you are the change agents of the universe". I resigned from my job as a nurse in Sept. 08 because I was totally burned out after doing this for 37 years. I have no idea what I will be doing with the rest of my life but at least I feel more authentic and in touch with my deepest feelings.
I'm glad that others are experiencing similar urges to redirect the course of their lives or else I would really question my sanity for going out on a limb like this. I'm reaching deep inside myself to directly experience "inner security" because outer security is nonexistent for me.
My best to you,
I have just been directed to this site by a friend and I could resonate with your words – I live in NZ and am 66, semi-retired and have, after being in the corporate world & burned out/stressed out from work & life, discovered an amazing solution which does feel more authentic and completely in alignment with who I am as a spiritual being living in a physical body. If you or anyone would like me to elaborate, am happy to
Hi Brenda: Your channels have truly spoken to my heart…I am in the middle of a major life change at 51…left Manhattan for a more peaceful life more attuned to my evolving energy…and feel like I've been to hell and back at this point…still plugging away though. I left corporate America to find true self, which seems ever so elusive.
Thanks for your insights and channelings…you are light amongst the darkness!
Brenda, I recently received your last channeling, first time I know you. This is to thank you for your service and also I want to know who is the being that you channel.
Thanks a lot
Santiago, Chile
So happy to have found your site, Brenda! It came through a share on Lauren Gorgo's Facebook page, also a wonderful channel.
Delighted to find your words and meet another cliff jumper. Twenty five years ago I met a man, quit my job and decided to travel around the world with him for what turned out to be five and a half years. The next jump was selling our house and moving out with our barely three year old to search for a place to live that felt "right." The latest was ending my 23 1/2 year relationship. Wow! So many changes. Finally getting use to the free fall and I now have more trust I'll land on my feet in a better place. Wonderful to find a new friend with similar inclinations
Hi Brenda, who did you channel from for Core Fear topic? I love the messages.
no human is to channel good sipirits – check Bible.
your body should be a temple of holy spirit, if it's not, than it's a false spirit.
yout teachings are man- centred- you fool people into believing they're creators and gods, while everybody is a sinner and in need of salvation.
salvation is not man- given, everybody needs a mercy from god.
jesus christ died for our sins- he is the only way for human to get into heaven.
your channeling denies power of christ and relies on the power of human wickedness. no man can save himself!
new age is a devils lie wrapped up in a fine package.
remember the snake in heaven who told adam and eve they can be gods?
same thing with new age!
Dear Hana,
We obviously have different perceptions of life on earth at this time. That is how it should be. I have no need to make you believe as I do. You truly are free to be you.
Perhaps you would be a bit less agitated and your life would be more joyful if you didn't read New Age channels and thoughts.
Hi … The voice of the angels of Heaven are revealing long-forgotten truths that have guided the prophets and mystics through the ages. I'd be glad to send you an advanced (PDF) copy of "Secrets of Heaven" by Marshall Vian Summers if you would be interested in reviewing it for your blog! William Burrows, Society for the New Message
These species included bees, wasps, ants, butterflies, moths, flies and beetles,
just to mention a few. This is the first time modesrn researchers have witnessed
the event. The betacarotene likewise helps for boosting eye-sight.
I have recently stumbled across your blog and saw that you often blog about confirmation and spirituality. I find topics like this to be completely enlightening. I don't know if you have ever heard of Kirk Nugent, he is an incredible Light Worker. He writes and lives the same spiritual lifestyle that you write about. I think you may find him interesting. Take a look at the video I have attached and you will understand how life changing he can be. Thank you for your time I hope you find Kirk Nugent as inspirational and life changing as I do. I'd love to know what you think about him.
[…] channelled message from Brenda Hoffman of lifetapestrycreations.wordpress.com though is as much applicable to Thanksgiving as it is for […]
Dear Brenda,
I have been subscribing to your weekly emails for quite some time. Then a couple of weeks ago, no more emails. So I came back here last week and signed up again. Still no emails from Brenda's Blog. Makes me very sad.
What's the deal?
[…] Earth author and channeler Brenda Hoffman has repeatedly shared such a message. She has a weekly channeled blog and a weekly radio program. […]
It's so nice to have a community of people to connect with. I am new on here, live in NZ and have been on a beautiful & at times terrifyingly challenging spiritual path now for 16 years. It's so interesting. I have been asking in meditations for the opportunity to connect with a group of like-minded people around the same age group I'm looking forward to what's next……
Hi Brenda
I am a regular reader of your 'Brenda's Blog' via the Oracles and Healers page.
I came across a post you wrote recently which resonated:
Hi Pocahontas,
What a beautiful description. Your words are magical and musical. I've been there (no job, no source of income) and know the fear that all is terrible and the faith that all will be well. And it was and is.
In your trying times, you've crossed the fence from 3D fear to new you trust. Not an easy fence crossing, but certainly one with so many inner rewards as you're discovering. Kudos!!!!!!!!!!!!
Blessings, Love and Sparkles,
I am currently in a position where my own guides have told me to cut ties with my old job which I have. I have no income but have financial responsibilities – I am very worried to say the least. Is this a case of trusting the Universe to give me what I need in the timeframe I want? I feel irresponsible one moment then knowing I am doing the right thing the next. Can you help with this please?
Thank you
Thank you for your service…
Brenda dear, please do tell me the names and work of the beings you channel. u are ever too accurate in your messages.i'm curious?!
Hi, Brenda! I love your channeled messages…Thank you! They are very rich with great substance!
I was just wondering…is there a "name" or a "collective" whom you are channeling? I realize that we do not "need names" to appreciate, and learn from, the information provided. I was just wondering if you had a "sense" of whom you are channeling.
Thank you Brenda…for your wonderful messages of insight and hope!! Blessings to you always! 💜 Jan Gazda.
Never mind, Brenda…I just saw your reply to Cecil! Question answered…thanks!! 💜
Hey there Brenda!
I woke up this morning spontaneously thinking, "Happy Birthday Brenda!!"
Don't know if you will remember me, but I appreciate that you listened to me at some critical, amazing junctures in my life in '89.
Write sometime, so I can listen some, too!!!
Marilyn. (Nelson) Twintreess
[…] coincidentally — synchronistically again — Brenda Hoffman's October 2nd post, "Your Fears are Evolving Also" struck a chord. It echoed some of my […]
I have been reading your articles and they are inspiring to me. I live in Colorado and am 51 and want to move back to the South. I spent my whole life mostly living in the West and spent one year in Asheville, NC and though the grey, rainy weather aggravated my depression, I felt so spiritually and intellectually alive there and want to go back as I feel that Colorado and the West is not really for me anymore. I am dealing with depression here too and a lot of challenges with people and karma here as usual that are not doing it for me. I felt so much more love and nurturing in the South in general.
[…] Brenda J. Hoffman em 18 de junho de […]
[…] Brenda Hoffman em 06 de maio de […]
[…] By Brenda Hoffman […]
Brenda, thank you for the inspiration and course corrections. I retired from a fast-paced job at the right moment six years ago, and my husband and I were content with the timeless life. But now, 6 months into the quarantine, missing live music and human connections, I wonder if there's anything left. I'm haunted by memories of decisions I coulda/shoulda have made differently throughout my life, which makes self-love problematic.
I accept that my work is done on every level. But is what there is now all there will ever be, or will 5D get bettter? Many thanks.
Greetings Brenda. I want to know who are the original people of Gaia. and how can I recognize them. Thanks and to much blessings for you
I'm Carlos Rodriguez from Colombia, South America
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Open defecation "serious threat" to health: Report
New Delhi, Oct 21 (PTI) Despite an increase in the number of toilets, open defecation remains the single largest threat to health and nutritional status in the country, a report said today.
India Human Development Report 2011, brought out by Institute of Applied Manpower Research of the Planning Commission, also pointed out that a greater proportion of Muslim households compared to SCs/STs had access to sanitation facilities, largely due to their urban concentration.
"Open defecation is a serious threat to health and nutritional status, in addition to the safety of women and girls," the report, released by Planning Commission Deputy Chairman Montek Singh Ahluwalia, said.
According to the report, about half of Indian households lacked access to sanitation facilities in 2008-09. More than 60 per cent of households in Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, Orissa, Rajasthan and Uttarakhand were without toilets.
"The situation is more dismal in rural areas, particularly in these states, where more than 75 per cent households do not have toilet facilities. Even if a single household is defecating in the open, that household can be a source of diarrhoea for all households," it said.
Rural Development Minister Ramesh, who is also holding the portfolio of Drinking Water and Sanitation, said out of six lakh villages in the country, only 25,000 villages have been declared as "nirmal grams".
"There is a serious budgetary constraint. We have to get more funding into the sanitation sector. Sanitation is in a bad shape," he told reporters.


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Charles Houston, 96
One of the great privileges of my life was hearing Dr. Charles Houston recount the greatest mountaineering story ever told.In 1953 he and seven companions, Art Gilkey, Bob Craig, George Bell, Dee Molenaar, Tony Streather, Bob Bates and Pete Schoening, set off up the then unclimbed peak K2 (28,253).
One of the great privileges of my life was hearing Dr. Charles Houston recount the greatest mountaineering story ever told.
In 1953 he and seven companions, Art Gilkey, Bob Craig, George Bell, Dee Molenaar, Tony Streather, Bob Bates and Pete Schoening, set off up the then unclimbed peak K2 (28,253).
Reaching 25,500 feet, the little crew was nailed by a virulent storm. Five days later, Art Gilkey, 27, tried to stand up, and collapsed.
Houston, an internist and expedition co-leader, diagnosed altitude-induced blood clots in Gilkey's legs, capable of deadly travel to his lungs. Despite the storm, Houston called for an immediate evacuation.
In an incredible example of courage against the odds, the embattled climbers wrapped Gilkey in a sleeping bag and tent, and tried to lower him down the mountain.
At 24,700 feet Bell slipped, pulling Streather down and through the rope between Houston and Bates, knocking them off a steep slope. As all slid distances of up to 80 or 100 feet toward a drop, Schoening alone, with a boot-axe belay, held their combined weight and that of the prone Gilkey.
Now near a lower platform, and having sustained injuries, the climbers anchored Gilkey on the slope, and set up two tents to regroup. When Craig and Streather returned to retrieve Gilkey, he had vanished, apparently taken in an avalanche.
We never considered leaving him, Houston said in his American Alpine Club slide show more than 20 years ago, adding that Gilkey never complained, always saying, Oh, I'm fine.
The last words of Houston's show were: We all returned the very best of friends, and we remain the best of friends to this day.
Houston died September 27 in his home of Burlington, Vermont. He was a retired faculty member of the University of Vermont medical school, a graduate of Harvard University and the Columbia University medical school, and a pioneering researcher in the field of high-altitude physiology, in particular pulmonary edema and retinal hemorrhage. He founded the biannual International Hypoxia Symposium still held in Alberta, Canada. He was the first country director of the Peace Corps in India, and developed the Medical Peace Corps in Washington, D.C.
It was Houston who in later years raised the idea that Gilkey might have sacrificed himself, wiggling himself loose, as he told the interviewer Bill Moyers in 2004, to save the others. Craig, who helped set the ice-axe anchors, which were found lower on the mountain near a huge drop, says they had been 25 and 30 feet above Gilkey on the slope: too high, he felt, for the weakened Gilkey to reach. I think, he suggests of Houston's idea, it gave him peace.
In 1934, while still a college student, Houston was part of the first ascent of Mount Foraker in Alaska. His team made the first ascent of Nanda Devi, in 1936, and in 1938, as expedition leader, he reached 26,000 feet on K2. In 1950 he was part of a team that forged the southern approach up Everest, completed three years later by Edmund Hillary and Tenzing Norgay. After the devastating second expedition to K2, he never climbed another mountain.


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Imaging scientist Ren Ng's years of research into capturing "light fields" using increasingly high-resolution digital imaging sensors have finally come to fruition. Ng's company, Lytro, unveiled its first consumer product on Wednesday—a digital camera capable of capturing "living images" that can be infinitely refocused after capture. While the new camera is designed to change the way we capture and share snapshots, the technology has the potential to radically alter how all photographs are made.
The new Lytro camera is a small rectangular tube of aluminum, with an f/2 lens on one end and a small 2" touchscreen on the other. The only controls are a power button, shutter button, and a slider to control the 8x zoom range of its lens. There are no controls for aperture, shutter speed, or focus—because the Lytro doesn't need them. The Lytro is probably the closest thing to "point-and-shoot" photography that has ever existed in the digital era.
Capturing light fields
Ng first began his efforts to capture living images as a researcher at Stanford. There, his cohorts, including Lytro engineer Bennett Wilburn, developed what's know as the Stanford Multi-Camera Array. The array consists of a hundred or more CMOS sensors and matching lenses and it was used to capture, among other research oddities, what is known as a light field. Ng used a similar array in his own research into capturing and processing light field data.
Traditional cameras capture flat images of three-dimensional space by focusing light rays directed toward a camera's lens on to a flat piece of film or digital sensor. Effectively, a camera records a two-dimensional array of colored dots (pixels in one case, film grains in the other) corresponding to light rays directed towards the camera from objects in front of the lens. The Stanford Multi-Camera Array, however, records the color, intensity, and direction of the light rays in a scene. These light rays collectively make up a scene's light field.
If you are familiar with 3D rendering and the concept of ray tracing, that technique is essentially the generation of a light field for a synthetic scene made up of 3D models. A ray tracing renderer follows rays of light emitted from synthesized sources as they bounce from object to object, reflecting at varying angles depending on the surface qualities of an object.
Without knowing anything about the objects in a scene, however, the entire scene and the objects in it can be visually recreated if its unique light field is known. Ng wrote his PhD thesis on the computational concepts and algorithms necessary to do so, as well as methods to capture a light field using digital CMOS sensors.
Ng then set about shrinking the SMCA—its hundred sensors and lenses, four PCs, and striped RAID array wasn't very mobile—into something even a casual photographer could use. Lytro is keeping most of the details of its camera under wraps, but instead of using multiple sensors and lenses, the specially designed Lytro sensor uses a sort of micro lens array on top of a high-megapixel CMOS sensor to record 11 "megarays" of light field information.
These 11 megarays are what allows a Lytro user to shoot first and focus later. "The majority of pictures are shared online casually," Ng told Ars. "10, 12, 14 megapixels doesn't help when 95 percent of them aren't ever going to be viewed. We think it's better to harness those pixels to collect richer data."
That richer data, the light field, actually makes it possible to selectively refocus an image after it's captured. No more worrying about fast-moving subjects moving out of focus, or other objects or people in a scene confusing a camera's autofocus system. In fact, the Lytro camera doesn't have a focus system at all.
"The architecture allows us to do the work of the physical hardware of a lens with computation," Ng explained. "It allows us to increase the performance of the system while simplifying the hardware."
For instance, the Lytro always shoots every image at its maximum f/2.0 aperture, allowing it to capture images in very low light. Images can be captured with very little lag, since the aperture and focus do not need to be adjusted before taking a picture. Though the Lytro includes an 8X optical zoom, it's even possible to do zooming computationally. And despite capturing an image from a single location, light field data even makes it possible to perform some limited perspective shifting, as well—enough to generate 3D images from a single image capture.
Future of photography
Lytro is now taking orders for its camera, which comes in an 8GB version for $399 or a 16GB version for $499. The hardware is set to ship early next year.
Using the light field data captured with a Lytro, users can view living images on the camera's tiny 2" screen, can upload and view them using a desktop utility, or can post them online to Lytro's website. The desktop app is currently Mac-only, but a Windows version is planned for next year. Images posted to the Web require Flash to view on a desktop, and can be embedded on Facebook or other sites. Mobile devices can view the images using an HTML5-based interface.
As far as prints are concerned, though, Lytro's living images aren't quite up to the standards that photographers have come to expect. The 11 megarays it can capture are rendered in "HD resolution," which means at best 2 megapixels. "Light field photography lets you create interactive, living pictures, unlike print, so that's our focus right now," Ng told Ars.
But that doesn't mean the technology couldn't be incorporated into higher-end cameras in the future. "Current CMOS sensor resolutions have already blown past the ability to benefit the consumer," Ng said. "But, we can go so much higher than what's in the market. For instance Canon has 120 megapixel sensor prototype—we could be using that to collect a very high resolution light field."
The tech could even conceivably be shrunk down to fit into, say, a smartphone. A simplified lens meant to capture light fields might be more rugged and less expensive to design than the higher-end lenses seen in current-generation smartphones. Images could be captured with almost no lag, and light field data could be processed into images with adjustable focus and zoom after the fact.
We were only given a short demonstration of what the Lytro can do, but the possibilities left us wanting more. We'll reserve ultimate judgement until we can get our hands on an actual camera—which won't be available for a few more months—but the technology looks extremely promising.
Listing image by Image courtesy of Lytro Inc.


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Bittersweet Quilt Shop & Home Decor
Divine Inspiration
The former church, now home to Bittersweet Quilt Shop & Home Decor, boasts an original brick exterior, stained-glass windows, and lots of woodwork.
Bird's-Eye View
The view from the former choir loft offers a spectacular perspective of the well-stocked shop.
Meet the Staff at Bittersweet Quilt Shop & Home Decor
Front row from left: Cyndy Hinton, Tina Bauer (owner), Jessica Kustra, Makayla Bauer, and Michael Bauer; back row: Diane Pashak, Marilyn Herrimn, Judy LaBean, Monte Graham, Carol Szilagyi, and Mike Hinton.
Fans of Featherweights
The shop offers a selection of top-notch vintage Featherweight machines and is home to the monthly Featherweight Frolic club.
A Bounty of Samples
Old doors form a railing around the perimeter of the loft that hosts a multitude of stitched samples.
Rows of Fabric
Bolts of fabric line antique church pews and shelving units that wrap stained-glass windows.
Beautiful Backdrops
Original stained-glass windows serve as a backdrop for samples and fabrics at Bittersweet Quilt Shop & Home Decor.
Sharp Cheddar Stars
Cheddar and black tone-on-tone fabrics combine in a scrappy Log Cabin quilt. Shop owner Tina Bauer designed Sharp Cheddar Stars for Quilt Sampler® Fall/Winter 2013 magazine.
Sharp Cheddar Stars Machine-Quilting Details
Stunning feathers, free-form sun motifs, and a feather chain-design in variegated thread are the focal points of Anita Bartman's machine-quilting in Sharp Cheddar Stars.
Get the Magazine!
Contact Bittersweet Quilt Shop & Home Decorto purchase a copy of Quilt Sampler® Fall/Winter 2013 magazine, pick up the issue at your local quilt shop or newsstand, or get the digital issue online.
Peek inside The Cozy Quilt, another quilt shop featured in the Fall/Winter 2013 issue.


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The newly installed European galleries are a treasure trove for art history teachers. The long gallery of Italian Baroque paintings is a particularly exciting room for those of us who lecture and teach at the museum because of the combination of ancient sculpture and Italian Baroque painting that allows us to reveal stories about the history of art across millennia.
At the east end of the gallery, I love the juxtaposition of Michael Sweerts's Plague in the Ancient City, from 1652, and a Roman sarcophagus from around 230 A.D., which sits right in front of the painting. These two works of art are separated by nearly 1,500 years, and yet the style and arrangement of figures is so similar, as if Sweerts copied his figures from something like the sarcophagus. It's not just the way the figures are crowded together in a horizontal composition. It's also the dramatic gestures and the fact that people of all ages are represented in both works of art. If you look closely at the sarcophagus, there are mythological figures—both male and female—in all kinds of poses. In the painting, you can see a similar diversity.
It's not a stretch to imagine Sweerts would have been studying Roman sculpture for inspiration. He was a northerner who worked in Italy for ten years, and one fashion at the time was to paint scenes with groups of figures, often very sculptural-looking. To be a successful painter in Sweerts's day, you had to show mastery of the figure. So Plague in the Ancient City is a way of showing off, demonstrating through all these different figures in various dramatic poses a complete command of figure drawing and painting.
Both the sarcophagus and the painting are about death. The story told on the sarcophagus is a merry one, though—this is a Bacchic procession, showing the transition to the afterlife. The painting depicts a story about death and anguish wrought by plague. We aren't sure if the canvas depicts an actual event from ancient times, but surely the artist was influenced by the various plagues that swept over Europe beginning in the Middle Ages.
Mary Lenihan, Manager, Adult Programs, Education


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NASCAR Sprint Cup Series
Chicagoland Speedway
September 15, 2013
Race Highlights:
Richard Childress Racing teammates finished third (Kevin Harvick), 14th (Jeff Burton), and 22nd (Paul Menard) in the GEICO 400.
Following the event at Chicagoland Speedway, Harvick is fourth in the NASCAR Sprint Cup Series driver championship point standings, 15 markers behind the leader, while Menard is 16th and Burton sits 22nd.
The No. 29 Chevrolet SS team ranks fourth in the NASCAR Sprint Cup Series owner championship point standings, with the No. 27 team 17th and the No. 31 team 23rd.
According to NASCAR's Post-Race Loop Data Statistics, Harvick had the second-Fastest Speed in Traffic, was the third-Fastest on Restarts, fifth-Fastest Driver Late in a Run and posted three of the Fastest Laps Run.
Harvick tied for the most Green-Flag Passes with 118, of which 57 occurred while running in the top-15, positioning him first in Quality Passes.
Burton gained six positions during the final 10 percent (27 laps) of the 267-lap event, placing him second in the Closers category.
Menard completed 97 Green-Flag Passes, 15 were made while running in the top-15 (Quality Passes).
Matt Kenseth earned his sixth victory of the 2013 Sprint Cup Series season and was followed to the finish line by Kyle Busch, Harvick, Kurt Busch and Jimmie Johnson.
The next Sprint Cup Series race is the SYLVANIA 300 at New Hampshire Motor Speedway on Sunday, Sept. 22. The 28th race of the 2013 season is scheduled to be televised live on ESPN beginning at 1 p.m. Eastern Time and broadcast live on the Performance Racing Network and SiriusXM NASCAR Satellite Radio, channel 90.
Menard Finishes 22nd in Rain-Delayed Event at Chicagoland Speedway
Paul Menard started the Quaker State/Menards Chevrolet from the 11th position in the 400-mile race at Chicagoland Speedway and finished 22nd after struggling with handling issues in the rain-delayed event. Light rain showers postponed the start of the GEICO 400, but when the green flag flew, Menard quickly gained two positions and was running in ninth at lap eight. A NASCAR-mandated competition caution was called on lap 30 and crew chief "Slugger" Labbe instructed his driver to come to pit road for four tires, fuel, air pressure and wedge adjustments. Several cars elected to take only two tires under caution and Menard lined up for the restart in 14th. Just a few laps into the second green-flag run of the day, the Wisconsin native slipped back to 21st and relayed to the team that his No. 27 machine was extremely tight. Menard continued to struggle with a tight-handling car until heavy rain showers forced the red flag to be displayed at lap 108. After a five-hour delay, Menard returned to his car and pitted under caution for four tires and fuel before the race restarted. The 33-year-old driver maintained a position around 20th until pitting under caution for right-side tires, fuel and a track bar adjustment on lap 149. The two-tire pit stop gained Menard valuable track position as he restarted in 13th. Though the tight-handling condition persisted, the Richard Childress Racing driver continued to run inside the top 20. The No. 27 pit crew made a variety of chassis adjustments over the ensuing pit stops and the changes seemed to provide some relief to Menard. An on-track incident with the No. 51 on lap 239 caused a left-rear tire rub on the No. 27 Chevrolet and Menard was forced to pit under caution for fresh tires and fuel. Restarting in 23rd with 22 laps remaining in the 267-lap affair, Menard was able to gain one position in the final laps to finish 22nd. He now sits 16th in the NASCAR Sprint Cup Series driver championship point standings heading into New Hampshire Motor Speedway.
Start – 11 Finish – 22 Laps Led – 0 Points – 16th
"We struggled with handling issues on our Quaker State/Menards Chevrolet all day and evening. The rain and track conditions didn't play to our advantage tonight. I have to give my crew credit, it was a long day and they never gave up. They made adjustments all night. We'll learn from today and look for better results in New Hampshire (Motor Speedway) next weekend."
Harvick Finishes Third in the First Race for the Chase at Chicagoland Speedway
Kevin Harvick and the No. 29 Budweiser Designated Driver team finished third after battling an ill-handling race car during the rain delayed GEICO 400 at Chicagoland Speedway on Sunday. Starting from the 17th position, the California native ran within the top 20 during the early laps while battling an extremely tight-handling Chevrolet. A lap-30 competition caution provided the Gil Martin-led pit crew the opportunity they needed to work on the handling of the red and white machine by changing four tires, adding fuel and making chassis adjustments. Positioned 21st for the ensuing restart, Harvick moved toward the front of the pack settling into the top 15 by lap 90. As the race progressed, Harvick noted the car's handling was getting better, but still needed improvement. The No. 29 team was scored in the 14th position when the red flag was displayed for rain over the speedway. The Richard Childress Racing driver visited pit road for four tires before returning to green-flag racing following a lengthy rain delay and restarted 16th on lap 116. But, he quickly moved toward the front of the field settling into the top 10 prior to the halfway point of the 267-lap affair. The No. 29 team continued to work on the handling of the Budweiser Designated Driver Chevrolet during the second half of the event, allowing their driver to race into the top five during the final laps and cross the finish line third. Following the 400-mile event, Harvick is fourth in the NASCAR Sprint Cup Series driver championship point standings.
Start – 17 Finish – 3 Laps Led – 1 Points – 4th
"We had a lot of fun tonight. Obviously, our Budweiser Designate a Driver Chevrolet was running really good after the break. These guys did a lot of work in between while it was raining, so they did a good job with the car and making some adjustments toward the end of the race. We just got too loose there the last couple of runs on exit. We had a lot of fun and came up a couple short, but all-in-all it was a good night."
Jeff Burton Scores Top-15 Finish at Chicagoland Speedway
Jeff Burton and the No. 31 Caterpillar Chevrolet team persevered through the rain-delayed NASCAR Sprint Cup Series race that ended under the lights at Chicagoland Speedway and brought home a 14th-place finish in the GEICO 400. After a rain shower postponed the start of the 267-lap event, the 46-year-old driver started from the 21st position and battled a tight-handling machine even after adjustments were made during a lap-30 competition caution. Persistent rain forced NASCAR officials to display the red flag before the halfway point of the event, bringing all competitors to pit road until the rain ceased. After a five hour and 10 minute red-flag period, the cars returned to the race track and the South Boston, Va. native reported to crew chief Luke Lambert that the No.31 machine's handling condition only worsened as the race progressed. Lambert and the No. 31 team continued to make adjustments on multiple pit stops throughout the evening as Burton maintained a top-20 running position. With 26 laps remaining, the caution flag was displayed for the ninth time in the event and instead of bringing th
e Richard Childress Racing driver to pit road for routine service, Lambert made the call to keep Burton on the race track. The 21-time Sprint Cup Series race winner survived the final green-flag run and the gamble paid off in the form of a top-15 finish as he crossed the finish line in 14th-place. Burton remains 22nd in the Sprint Cup Series driver championship point standings.
Start – 21 Finish – 14 Laps Led – 0 Points – 22nd
"Luke (Lambert, crew chief) made the right call tonight to salvage a top-15 finish for the No. 31 Caterpillar Chevrolet team. We definitely fought some handling issues throughout the race and never quite got the setup figured out. The car seemed to be tight all night. I'm happy to come out of here with a decent finish."


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… the second annual One-Minute Book Reviews A-to-Z Holiday Gift List with books for everyone from an attorney to a Zen Buddhist. A few of my favorites from last year's list:
What to give to …
A FOOTBALL FAN After a decade out of print, Jerry Kramer's Instant Replay: The Green Bay Diary of Jerry Kramer (Doubleday, $21.95) returned last year in an edition with a foreword by Jonathan Yardley, the Pulitzer Prize–winning book critic. Give this one to football fans young enough to have missed it when it first came out in 1968 (and maybe also to baby boomers who've always regretted giving that first edition to Goodwill). Kramer, a former All-Pro Green Bay guard, wrote this modern classic with the late Dick Schaap, one of the best sportswriters of the 20th century. www.jerrykramer.com
A JANEITE Devout Jane Austen fans call themselves "Janeites." But you don't have to fall into that group to enjoy Josephine Ross's Jane Austen's Guide to Good Manners: Compliments, Charades & Horrible Blunders (Bloomsbury, $14.95), with charming watercolor illustrations by Henrietta Webb. Ross doesn't try to extrapolate a set of 21st-century rules from the behavior of Elizabeth Bennet and others. Instead she offers a literary companion, masquerading as a Regency-era etiquette book, that explains the complex codes of behavior followed by Austen's characters. www.bloomsburyusa.com
A KINDERGARTENER Mother Goose characters write letters to each other in Allan and Janet Ahlberg's The Jolly Postman: Or Other People's Letters (Little, Brown, $19.99, ages 4-8), which has a real letter tucked into in an envelope on every other page. This British import has been delighting children for two decades and has come out in a 20th anniversary edition. The books in "Jolly Postman" series are great gifts partly because children often can't get them at libraries, which have trouble keeping them on shelves — the letters keep disappearing from their pockets. www.allanahlberg.com. A sequel, The Jolly Christmas Postman (Little,Brown, $17.99, ages 4-8), is shown at right.
Many other books on last year's list still make good gifts. Click here to read the full list www.oneminutebookreviews.wordpress.com/2006/12/01/.
(c) 2007 Janice Harayda. All rights reserved.


text: Show Filters Filters FILTERS APPLIED: Clear All Sub-Categories Price Range Brand Material Gemstone Diamond Shape His & Hers Length Width Mens Wedding Bands HomeMens Wedding Bands Show All Sort by: Featured Featured High to Low Low to High Newest Prev Page 1 of 42 Next We're sorry. There are no products that match your criteria. Browse all Jewelry Categories Prev Page 1 of 42 Next


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Html In Elementor
If you are looking for a WordPress page builder, then you have come to the right place. Elementor is a free WordPress page builder that allows you to build any type of website. You can create an eCommerce website, a blog or a landing page. Elementor doesn't require any coding skills. Its drag-and-drop functionality and real-time visual editing make it easy to design your site.
Elementor's interface is simple to use. It has two main buttons: the dark red + button for adding a new section and the dark gray folder button to add new templates. A page is comprised of sections and columns, which are further broken down into widgets. To add widgets to your page, you can also use a drop down menu. This feature lets you see what your site visitors are seeing on their browsers before making a decision.
In order to use Elementor, you must install the plugin. Go to the WordPress dashboard, and then type "elementor" in the search bar. Once you've installed the plugin, it will have its own entry in the side menu. After the plugin is installed, you can modify the settings in the Elementor Options. You can also use widgets to add small elements to your site. The blocks are called Widgets.
Elementor works with any WordPress theme and version 5.0 and beyond. Even a novice web designer can create a stunning website with Elementor's simple and intuitive interface. You can also add 3D effects, animations and lots of other lottie effects. In addition, it is completely compliant with WordPress security standards, and it automatically removes malicious content when required. It supports many languages, including Spanish and Italian.
With Elementor, you can customize your WordPress site by using widgets and custom CSS. The plugin's editor allows you to add widgets and Groups of Columns. When you click on them, they are highlighted in blue boxes. Drag widgets into the navigation bar. However, you cannot place them in a heading or footer. There are many other options available. You can also create your own theme if you don't have the time for Elementor.
The pro version of Elementor includes templates for creating dynamically-populated pages, welcome back popups, and exit-intent popups. All these templates can be used on any website and are free to download. All you need to do is select the desired template from the template library. You can then add a popup. After adding a widget to your site, you can customize the colors and fonts for the various elements.
The free version of Elementor allows you to create full-page designs with a variety of content types and colors. Its library contains over 300 blocks and templates for all types of scenarios. You can start with a blank page and customize it to your liking. You can add content and other features to each cell and then save the entire page. You can easily undo any changes or customize the design in Elementor. You can also customize the design of your website with a variety of plugins or blocks.
There are many website builders that offer similar features, but they often lack the free plan and offer fewer templates. Elementor has many features and templates that will help you create a professional-looking website. It is simple to use and has an intuitive user interface. It can be customized using keyboard shortcuts and a mouse. You can even adjust font size according to the devices.
Elementor's free version allows you to create a complete-page design from scratch. It includes a template library with pre-designed full-page designs and blocks for specific sections of the website. You can also add your CSS and custom plugins if you don't feel confident with code. You can customize Elementor to suit your style and preferences. Be sure to select the license that best suits your needs.
Elementor allows you create multiple layouts using the same template. These are called kits. These templates can be searched in the Elementor library. The templates are named based on their purpose. A kit can include a portfolio page, an About page, and a FAQ page. If you don't have any experience with HTML or CSS, you can import third-party template options or create your own template. Multiple layouts can be created in one family and each one is easily customizable.